The Commission Guarantee Agreement is utilized when parties seek to establish a secure commission-based commercial relationship under Belgian law, typically involving a principal company, a commercial agent, and a guarantor. This document becomes necessary when there's a need to provide additional security for commission payments, particularly in high-value commercial relationships or when dealing with new business partnerships. The agreement details the commission structure, calculation methods, and payment terms while incorporating guarantee provisions that ensure the agent's commission entitlements are protected. The guarantee element provides security for the agent, while the commission structure allows the principal to establish clear performance metrics and payment obligations. The document must comply with Belgian legal requirements, including the Belgian Civil Code, Commercial Code, and the Law of 13 April 1995 on Commercial Agency Agreements, as well as relevant EU directives.
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1. Parties: Identification of the principal, agent, and guarantor(s)
2. Background: Context of the agreement, relationship between parties, and purpose of the guarantee
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Scope: Terms of the commercial appointment and scope of activities
5. Commission Structure: Basic commission rates, calculation methods, and payment terms
6. Guarantee Obligations: Core guarantee provisions, including extent and nature of the guarantee
7. Payment Terms: Terms for commission payments and guarantee claims
8. Representations and Warranties: Standard representations and warranties from all parties
9. Duration and Termination: Term of agreement and termination provisions
10. Post-Termination Provisions: Rights and obligations after termination
11. Confidentiality: Confidentiality obligations of all parties
12. Notices: Communication procedures between parties
13. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
14. Execution: Signature blocks and execution formalities
1. Multiple Guarantors: Additional provisions for cases with more than one guarantor, including joint and several liability
2. Performance Targets: Specific performance criteria tied to commission rates or guarantee obligations
3. Territory Restrictions: Geographical limitations on agent's activities and guarantee coverage
4. Special Commission Arrangements: Complex or tiered commission structures
5. Guarantee Limitations: Specific caps or restrictions on guarantee obligations
6. Security Provisions: Additional security requirements or collateral arrangements
7. Regulatory Compliance: Specific regulatory requirements for regulated sectors
8. Force Majeure: Provisions for handling extraordinary events affecting performance
1. Commission Calculation Schedule: Detailed methodology for calculating commissions, including formulas and examples
2. Products and Services Schedule: List of products/services covered by the agreement
3. Territory Schedule: Detailed description of geographical coverage
4. Performance Criteria: Detailed performance targets and measurement methods
5. Guarantee Terms: Specific terms and conditions of the guarantee, including claim procedures
6. Form of Guarantee: Standard form of guarantee document if separate from main agreement
7. Reporting Requirements: Templates and procedures for regular reporting
8. Contact Details: List of key contacts and addresses for all parties
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